USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 1
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UCBI.2/G43/1920 0
COLORADO STATE PUBLICATIONS LIBRARY 3 1799 00178 2606
النملة
University of Colorado
Historical Collections
JAMES F. WILLARD Editor
Volume II
AAMIRTA
Mining Series
Volume I
1
Digitized by the Internet Archive in 2015
https://archive.org/details/earlyrecordsofgithom
Early Records of
Gilpin County, Colorado
1859-1861
Edited by THOMAS MAITLAND MARSHALL, PH.D. Associate Professor of History in the University of Colorado
PHA DEACCESSIONEDİ CITY (}
LIBRARY
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BOULDER 1920
424605 De 2026
COPYRIGHT 1920 BY THE UNIVERSITY OF COLORADO
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THE W. F. ROBINSON PTG. Co. DENVER, COLO.
CONTENTS
Pages
Introduction . vii-xvi
Gregory District 1-47
Russell District 48-68
Bay State District 69-77
~ Eureka District
.78-107
Pleasant Valley Number 10 District. 108-120
Quartz Valley District. 121
/ Nevada District
122-145
Wisconsin District 146-170
Climax District 171-174
Central District 175-176
Independent District 177-196 Fairfield District 197-208 Illinois Central District. .209-229
Hawk Eye District. 230-246
South Boulder District.
. 247-261
Silver Lake District.
262-266 Spring Gulch District 267-270 Lake District 271-294
Cooper District 295
List of Documents 296-301
Index
303-313
MIREK LIBRAR OF THE
CITY OF DLAVE
INTRODUCTION
DISCOVERIES OF GOLD BEFORE THE GREAT RUSH OF 1859
Many years before Americans entered the Rocky Mountain region, the Spaniards discovered mineral de- posits within what is now the State of Colorado. In 1761 Juan María Rivera, pushing northward from New Mex- ico, visited the neighborhood of the junction of the Gun- nison and Uncompagre rivers. Governor Capuchin of New Mexico, during his second administration (1762- 1767), sent explorers to the same region and mines were developed.1 At present we know but little of Spanish mining on the eastern slope of the Continental Divide, but diggings which antedate the American period are silent witnesses of the early presence of the Spaniard.2
During the first half of the eighteenth century, the French pushed up the western tributaries of the Missis- sippi River, and in 1739 succeeded in penetrating to Santa Fé. In later years several French expeditions reached the Spanish settlements. The French heard ru- mors of rich mines in the Rocky Mountains, but appar- ently failed to find the mineral deposits.3
After the purchase of Louisiana, many years elapsed before the public became convinced that there were rich ores in the Rocky Mountains. James Pursley claimed to
1 H. H. Bancroft, History of Arizona and New Mexico, 258; History of Nevada, Colorado, and Wyoming, 339.
2 Investigations which are now in progress at the University of Califor- nia may clear up the mystery.
$ Herbert E. Bolton, "French Intrusions into New Mexico, 1749-1752," in The Pacific Ocean in History (H. Morse Stephens and Herbert E. Bolton, eds.), 389-407; Jerome C. Smiley, Semi-Centennial History of the State of Colorado, I, 194-200.
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INTRODUCTION
have found gold on the head waters of the South Platte,1 but Pike's report of the discovery attracted but little attention.
The first known party of prospectors to go from the frontier settlements to the Rocky Mountains went from Missouri in 1827. The party of twenty-five Missourians headed by James Cockrell went to search for a silver mine which the leader claimed to have discovered the previous year. They reached the Raton Mountains, but failed to find the mine.2
Trappers and traders during the 30's occasionally found traces of gold, but no mines were opened by them, nor did their discoveries cause people to search for the precious metal.3
During the summer of 1835 Colonel Henry Dodge led three companies of dragoons to the Rocky Mountains with the object of establishing peace with and among the tribes along the South Platte and the upper Arkansas. In the foothills east of Pike's Peak, Dodge "found a number of fine specimens of mineral of different species . . . on the banks and in the beds of the small creeks." Whether or not these specimens showed gold or silver the report fails to enlighten us.4
During 1841-1844 Rufus B. Sage was hunting, trap- ping, and trading in the Rocky Mountains, a large part of his time being spent within what is now Colorado. In 1846 he published an excellent account of his adventures in which there are numerous statements regarding the presence of precious metals in the Rockies. He stated
1 Zebulon Montgomery Pike, Expeditions (Elliott Coues, ed.), 758.
2 Alexander Major, Seventy Years on the Frontier, 32-40.
8 Josiah Gregg, Commerce of the Prairies, in Early Western Travels (Reuben Gold Thwaites, ed.), XX, 243; Rufus B. Sage, Scenes in the Rocky Mountains, 64-65.
* H. Ex. Docs., 24 Cong., 1 Sess., IV, Doc. 181, p. 22.
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INTRODUCTION
that gold had been found in Horse Creek,1 in the Medi- cine Bow Range,2 and in the Black Hills of southeastern Wyoming.3 He said that the Arapahoe Indians inhab- ited the country bordering upon the South Platte and the Arkansas rivers and that the region was rich in gold and silver.4 On the headwaters of the Kansas River he saw formations which showed "certain indications of gold."5 The statements of Sage did not attract the gold seeker, and not until a decade after the discovery of gold in Cali- fornia, did the public seize with avidity upon the possibil- ities of fortune in the Rockies.
William Gilpin, the first territorial governor of Colo- rado, made three trips into the Far West during 1844- 1849, and became convinced that the Pike's Peak Country was rich in precious metals.6 Various reports that gold existed in the Rocky Mountains came from trappers and emigrants during 1848-1852, but the lure of California called the adventurous and the Colorado deposits re- mained buried in the mountain fastnesses.7
THE GOLD RUSH
It was the panic of 1857 which led directly to the development of the Pike's Peak Country. Many a man lost his fortune during the financial depression of 1857 and 1858.8 Reports of discoveries of the precious metal began to filter into the frontier settlements and soon the newspapers were filled with glowing reports of the New Eldorado, raising new hopes in many who were facing ruin.
1 Sage, Scenes in the Rocky Mountains, 64.
2 Ibid., 131.
3 Ibid., 133.
4 Ibid., 166.
" Ibid., 276.
6 William Gilpin, Mission of the North American People, 178, 180-181.
" Smiley, Semi-Centennial History of the State of Colorado, I, 202-203.
8 Frank Hall, History of the State of Colorado, I, 173-174.
X
INTRODUCTION
By the summer of 1858 two groups of gold seekers had made their way to Colorado.1 One of these groups was made up of Georgians and Cherokees, and was headed by William Green Russell. They entered Colo- rado by way of the Santa Fe Trail. Most of them moved northward, and on June 24 camped at the mouth of Cherry Creek. Discouraged by unsuccessful prospecting, several of the party returned to their homes, but thirteen men remained and continued prospecting. On June 30 five or six dollars' worth of gold was washed from the sands of the South Platte and a few days later a good strike was made on Little Dry Creek.
An emigrant named Cantrell, returning from Salt Lake City, carried some of the Dry Creek silt to the fron- tier town of Westport. This gave rise to exaggerated stories regarding the richness of the Pike's Peak Coun- try. After taking a trip into North Park, members of the Russell party prospected the creeks as far north as the Cache la Poudre River. Winter quarters were estab- lished near the mouth of Cherry Creek.
The second group was the "Lawrence Party," which left Lawrence, Kansas, and followed the Santa Fé Trail into Colorado. Their first prospecting was in the neigh- borhood of Pike's Peak. From there they moved to the Sangre de Cristo Creek, where they heard of the success of the Russell Party. They determined to move to the South Platte. There they found enough gold to encour- age most of them to spend the winter in Colorado. Those
1 The best accounts of the gold rush to Colorado are to be found in Smiley, Semi-Centennial History of the State of Colorado, I, 208-294; Ban- croft, History of Nevada, Colorado, and Wyoming, 1540-1888, pp. 363-400; Frank Hall, History of the State of Colorado, I, 228-261; Wilbur Fisk Stone, History of Colorado, I, 228-261; Ovando J. Hollister, The Mines of Colorado, 59-130. The critical historical worker will find them rather un- satisfactory.
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INTRODUCTION
who returned to Kansas showed a sufficient amount of gold to cause excitement in the settlements.
Before the end of 1858 several parties from Missouri, Kansas and Nebraska made the long trip across the plains. Most of them wintered in the neighborhood of modern Denver, but some of them went to the mouth of the Fountain River where Pueblo now stands; others to the site of Boulder, and others elsewhere.
The "Lawrence Party" in September organized the Montana Town Company. The site selected did not prove to be satisfactory and some of the party moved to the east side of the mouth of Cherry Creek, where they founded Charles City. A rival town called Auraria soon sprang up on the west side of the creek. A party from Lecompton and Leavenworth arrived at Auraria in No- vember and organized the "Denver City Town Com- pany," naming it after Governor Denver of Kansas. The Denver Company included in its plat lands of the St. Charles Company. Newcomers continued to arrive, and Denver and Auraria soon became towns of considerable size. Prospecting continued during the late fall and win- ter, and settlements were begun which eventually devel- oped into Boulder, Colorado City, and Pueblo.
Exaggerated tales of the richness of the Pike's Peak Country appeared in the eastern newspapers during the winter, and early in 1859 a great rush began. Most of the goldseekers came up the Platte or Arkansas, but many followed the difficult trail up the Smoky Hill. Prob- ably a hundred thousand people came to Colorado in the spring of 1859. Many were grievously disappointed, and about forty thousand returned to "the states" before the summer was over.
xii
INTRODUCTION
Fortunately gold was found in paying quantities. The first important strike was made at Gold Hill (Boul- der County). A more important one was made near the site of Idaho Springs (Clear Creek County), by George A. Jackson, and near Central City (Gilpin Coun- ty) John H. Gregory found gold. The discoveries by Jackson and Gregory pointed the way and thousands of men began to stake claims along Clear Creek and its trib- utaries. Others began prospecting and staking claims along Boulder Creek and its tributaries. Congested con- ditions and the fact that many prospectors were unsuc- cessful led to the search for other fields. The South Park mines were opened; Tarryall Creek, the Fairplay region, and the Blue River country were soon producing gold. In 1860 the mining area was considerably enlarged by the discovery of "pay dirt" on the Arkansas River about twenty-five miles below modern Leadville, and near the headwaters of the river. Placer mining reached its zenith in 1860, and after that steadily declined, and not until the Hill process of treating refractory ores was perfected did mining activities develop greatly. At the end of 1860 the white population did not exceed 35,000. The first census of the Territory of Colorado was taken in the summer of 1861 and showed a population of 25,329.1
GOVERNMENTAL ORGANIZATION
When the gold rush began the Pike's Peak Country fell within the Territories of Kansas and Nebraska. The region east of the Continental Divide and south of the fortieth parallel was within the Territory of Kansas, and the territory north of the fortieth parallel and east of the summit of the Rocky Mountains fell within the bound-
1 The Colorado City Journal, August 1, 1861. The only copy of this paper known to exist is the property of Jesse S. Randall of Georgetown and is now in the keeping of the University of Colorado.
xiii
INTRODUCTION
aries of Nebraska.1 The principal mining camps were in Arapahoe County, Kansas, a county which had never been fully organized.2
It became evident to the settlers that they were too far from the settled areas of Kansas to obtain the bene- fits of its established government. Before the close of 1858 men at Auraria conceived the idea of asking Con- gress for a territorial organization. On November 6 Hiram J. Graham was elected delegate to Congress. Upon his arrival at Washington he found that a bill had been introduced to organize the "Territory of Colona" in the Pike's Peak Country. Another bill was also pushed for- ward to organize a temporary government for the "Ter- ritory of Jefferson." Neither bill passed.
The Pike's Peakers took steps to get in touch with the Kansas government by electing A. J. Smith to repre- sent them. In February, 1859, the Kansas Assembly abol- ished Arapahoe County and created five counties in its place.
The settlers foresaw the necessity of immediate pro- vision for maintaining law, order, and property rights, and accordingly took matters into their own hands. In April, 1859, a convention was held at Auraria which re- solved that the "State of Jefferson" be created. The boundaries as laid down by the convention embraced a larger area than the present State of Colorado, includ- ing portions of the modern States of Nebraska, Wyo- ming, and Utah as well as Colorado, about 177,000 square miles in all.
1 Henry Gannett, Boundaries of the United States and of the several States and Territories, H. Docs., 58 Cong., 2 Sess., Doc. 678, pp. 126-127; Organic Acts for the Territories of the United States, Sen. Docs., 56 Cong., 1 Sess., Doc. 148, pp. 119-136.
2 Frederic L. Paxson, "The Territory of Colorado," in The American Historical Review, XII, 55; Helen G. Gill, "The Establishment of Counties in Kansas," in Kansas Historical Collections, VIII, 452.
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INTRODUCTION
On June 6 delegates met in Denver for the purpose of drawing up a constitution, but the convention ad- journed before its work was completed. A sentiment favoring a territorial organization soon developed. The convention, which came together on August 1, completed a state constitution and submitted to the voters the ques- tion of whether the new government was to be that of a state or a territory. On September 5 the people voted in favor of territorial government, and October 10-12 a con- vention perfected a provisional government for the Ter- ritory of Jefferson. Many people believed that the Ter- ritory of Jefferson was illegal and an election was called to elect officers under the laws of Kansas. Captain Rich- ard Sopris was elected a representative and eventually took his seat in the Kansas Legislature. The real gov- ernment of the Pike's Peak Country, however, was admin- istered under the laws of the Territory of Jefferson, al- though many transactions were conducted in accordance with the laws of Kansas. The Territory of Jefferson existed until superseded by the Territory of Colorado, which was created by act of Congress on February 28, 1861.1
As soon as the miners began to penetrate the moun- tains, they found it necessary to establish local govern- ments. They took matters into their own hands, laid off mining districts, organized governments, and enacted laws. Little attention has been paid to this phase of Colo- rado history. It has been the belief of most investigators that the records of the districts could never be recovered, and historians have been content to draw their conclu- sions mainly from five printed laws which belong to the Colorado State Historical and Natural History Society.
1 Paxson, "The Territory of Jefferson: A Spontaneous Commonwealth," in University of Colorado, Studies, III, No. 1, pp. 15-18; Smiley, Semi- Centennial History of the State of Colorado, I, 327-362.
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INTRODUCTION
and from the records edited by Clarence King and pub- lished by the Census Office in 1885, entitled, The United States Mining Laws and Regulations thereunder, and State and Territorial Mining Laws, to which are ap- pended local Mining Rules and Regulations.1
An examination of the contents of the vaults in the offices of the county clerks of Gilpin, Clear Creek, and Boulder counties brought to light a great mass of docu- ments of 1859-1861. Transcripts of the laws and minutes of the miners' meetings have been made and are now ac- cessible at the University of Colorado.
These have been supplemented by documents ob- tained from Mr. Jesse S. Randall, the editor of The Georgetown Courier, from the papers of Senator Teller and of Mr. Hal Sayre of Denver, and by excerpts from The Rocky Mountain News, the principal contemporary Colorado newspaper.2
The documents are so numerous and voluminous that it has not been possible to publish them all at this time. The present volume is confined to Gilpin County. As far as possible the documents of each district are arranged in chronological order, and the districts follow the order of their organization. A faithful attempt has been made to preserve the spelling and punctuation of the originals, no matter how weird the effect. The map, which is printed as the frontispiece, was drawn from a rare old map which hung in the Office of the County Clerk of Gil- pin County.
The compiler of this volume is especially grateful for courtesies extended to him by the county clerk of Gil-
1 H. Misc. Docs., 47 Cong., 2 Sess., XIII, Pt. 14, Doc. 42. The Colorado laws and regulations cover pp. 346-494, and include the partial records of six districts in Gilpin County.
2 Thomas Maitland Marshall, "The Miners' Laws of Colorado," in The American Historical Review, XXV, 426-439.
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INTRODUCTION
pin County, Frank G. Moody ; by F. A. Maxwell, the dep- uty county treasurer, L. A. Hafer, the county clerk, and George D. Criley, the deputy clerk, of Clear Creek Coun- ty; and by Francis Beckwith, the county clerk of Boulder County. Members of the staff of the State Historical and Natural History Society have done all in their power to give assistance. Professor James F. Willard aided materially in obtaining the Sayre and Teller papers and gave much valuable time in editorial assistance. I am especially grateful to Mr. Hal Sayre of Denver, to the heirs of Senator Teller, and to Jesse S. Randall of Georgetown for materials which they generously gave to the University, and to Victor I. Noxon, editor of The Boulder County Miner, for many useful suggestions.
Financial assistance whichi made the investigation possible was given by the Supervisors of Gilpin County, by Charles Loughridge of Denver, and by the following citizens, banks, and business houses of Boulder: John A. McKenna, William Loach, Warren F. Bleecker, Charles F. Linsley, Robert Sterling, J. W. Valentine, J. E. Kirk- bride, J. P. Maxwell, John Armstrong, Boulder National Bank, Buchheit and Graham, The Hub Stores Company, and Professor R. D. George.
b & HKAK
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(1)
GREGORY DISTRICT
MASS MEETING, GREGORY'S DIGGINGS.1
The first mass meeting ever held in the Rocky Mountains, assembled at the Gregory Diggings, on Tuesday evening the 8th inst. [June 8, 1859]. Between two and three thousand miners were present, although only a few hours verbal notice of the meeting had been given. Judge H. P. A. Smith was called to the chair.
Hon. Horace Greeley, the first speaker, was received with three cheers. He alluded to the cheering indications he had seen during the day, in examining the mines and sluices. He had always had a suspicion-from which he was not yet entirely free-that these mines would not prove equal in richness to those of California; but in view of the great discoveries of the last five weeks, there was evidently a vast future before this region. It was by no means probable that all the gold of the Eastern slope was confined to this little area of seven or eight miles. He advocated the formation of a new State, and trusted that one might be made and brought into the Union without going through the troublesome and undemocratic form of a Territorial organization. He spoke at length, of the peculiar temptations towards drinking, gaming, etc., to which the miners were subjected, and urged them to steadfastly avoid them; to look to untiring industry instead of speculation for their accum- ulations ; to maintain good order, and to live as the loved ones they had left at home the brothers and sisters, fathers and mothers, wives and children-would wish; that when they re- turned they might carry with them the reward of their labors. If a gambler, after being warned not to do so, should persist in coming among them, he advised putting him on a good mule,
1 Rocky Mountain News, June 18, 1859, p. 1. Other accounts of the trip of Greeley and Richardson may be found in Horace Greeley, An over- land Journey from New York to San Francisco, and in Albert D. Richard- son, Beyond the Mississippi.
1
2
GILPIN COUNTY RECORDS
headed out of the mountains, and asking him if he would not like to take a ride ? (Laughter and applause.) He should in a few days go hence to Salt Lake and California, and it was one purpose of this trip, to do what he could to hasten the con- struction of the Pacific Railroad, which ought to have been built long ago (lond applause). When Mr. Greeley retired three rousing cheers were given for him.
B. D. Williams Esq., acting Superintendent of the Express Company, was called out and made a few remarks. He stated that he had come through from Leavenworth to Denver City in six days and twenty-three hours; that Eastern letters to and from Denver would hereafter be brought by the U. S. Mail at the legal rates ; that a charge of but twenty-five cents would be made by the Company for taking letters between Denver and the Diggings ; that Jones & Russell-whose names were types of magnanimity throughout the West-had large supplies of pro- visions on the road, which they proposed to sell here at fair, not extortionate prices (Cheers).
Judge Smith, in response to the call of the meeting, spoke of the flattering prospects of the mines, and the rich treasures in the gulches and ravines of the mountains that were now open- ing. He advocated, earnestly, the movement for a new State. We were 700 miles from the Kansas seat of government ; a min- ing region required laws radically different from an agricultural one; it was impossible, as at present situated, to secure the prompt and legal administration of justice. The new State he trusted, without going through the chrysalis condition of a terri- tory-was to spring fully matured into existence, like Minerva from the brain of Jove-and here, in its proper position, on the apex of the Rocky Mountains, was to be the real Keystone State of the Union (vehement applause). He understood that the Kansas Legislature had appointed Commissioners to lay out new counties and locate the county seats here, for which they were to receive each five dollars per day and expenses, not one cent of which was to be paid from the Territorial Treasury, but by the people here. He thought it would be well to carry out Mr. Greeley's idea about the gamblers, and when one of these
3
GREGORY DISTRICT
Commissioners came, to put him on a mulc, and give him an invitation to ride out of the country! (Laughter and chcers).
A. D. Richardson Esq., was next introduced. A good deal had been said tonight about mules and mule-riding; now he was a candidate for one of those mule-rides. He was one of the Com- missioners appointed to organize a county here and locate the county seat (laughter). Like the last speaker, he had not ob- jected to coming out under a fat appointment. Five dollars a day and expenses was a good thing. A mule was a good thing too; he didn't happen to own one, and if they presented him with one, should not decline it-in fact, would rather like it (excessive merriment). As for the ride, he could only say : Strike, but hear him! He reached Denver yesterday; but in a few hours had become satisfied that here were the elements of a great State, to be developed with wonderful rapidity. He hoped it might become a State in the Union, and escape the servile and dependent form of a Territory. Interested here in common with all other citizens, he could do nothing to retard that event or to complicate the issues. Therefore, "Montana County" would hardly be organized just yet : and he was pre- pared to sell out his emoluments-cheap (applause). But like the ass who starved between two bundles of hay, he feared he was to lose both the mule and the five dollars a day-which was really melancholy to contemplate. He congratulated the hardy pioneers, who had remained through all obstacles, and now be- gan to be rewarded. He had met many returning emigrants, looking as if they were under a very deep conviction of sin. The late discoveries promised to add a new star to the federal constellation, and to locate the great Pacific Railroad of the future in this central region-away from the deserts of the South, and the snows of the North. Not many years would elapse before the people of the sea-board would come, for Sum- mer recreation, to these "mother mountains," and at some sta- tion not far away, Boston and San Francisco, London and Canton, would meet and exchange salutations and newspapers, while their respective trains were stopping for breakfast.
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